General Terms and Conditions Sunware BV
Because of the joining of Sunware with the Stichting Webshop Keurmerk, the General Terms and Conditions, which the Foundation operates, shall apply. Additional terms that are specific to Sunware are included in articles 19 to 31. The Sunware web shop uses these General Terms and Conditions.
If you use this website (hereinafter also: site) you agree with the following terms and conditions and you agree that these terms and conditions form part of any agreement that you enter into with Sunware. These terms and conditions apply to the use of our website(s), every order you place with us, on every purchase you make through our website(s) and on any agreement that you may enter into with Sunware. (hereinafter referred to as: “Sunware”).
CONTENT
ARTICLE 1 – Definitions
ARTICLE 2 – Identity of the entrepreneur
ARTICLE 3 – Applicability
ARTICLE 4 – The range
ARTICLE 5 – The Agreement
ARTICLE 6 – Right of withdrawal
ARTICLE 7 – Costs in case of withdrawal
ARTICLE 8 – Exclusion of the Right of withdrawal
ARTICLE 9 – The Price
ARTICLE 10 – Conformity and Guarantee
ARTICLE 11 – Supply and execution
ARTICLE 12 – Duration, cancellation and renewal
ARTICLE 13 – Payment
ARTICLE 14 – Complaints procedure
ARTICLE 15 – Disputes
ARTICLE 16 – Industry guarantee
ARTICLE 17 – Additional or different terms and conditions
ARTICLE 18 – Changing the General Terms and Conditions Webshop Keurmerk
Supplementary Sunware stipulations
ARTICLE 19 – Intellectual property rights
ARTICLE 20 – Disclaimer for products and/or advice
ARTICLE 21 – Disclaimer for information and/or recommendations
ARTICLE 22 – Disclaimer for guarantees
ARTICLE 23 – No approval
ARTICLE 24 – Void if illegal
ARTICLE 25 – Code of conduct
ARTICLE 26 – Indemnification
ARTICLE 27 – Purchases
ARTICLE 28 – Letters, questions, comments and reviews
ARTICLE 29 – Use of passwords
ARTICLE 30 – Changes
ARTICLE 31 – Miscellaneous
ARTICLE 1 – Definitions
In these Conditions is understood under:
Grace period: The period within which the consumer can exercise his right of withdrawal;
Consumer: a natural person not acting by virtue of a profession or business and who enters into a remote contract with the entrepreneur;
Day: calendar day;
Transaction Duration: a distance agreement concerning a series of products and/or services, of which the supply and / or purchase obligation is spread over time;
Long-term data carrier: Any means that enables the consumer or operator to store information directed to him personally in such a way that facilitates future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the ability of the consumer to withdraw from the distance contract within the waiting period;
Entrepreneur: the natural or legal person who is affiliated with the Stichting Webshop Keurmerk and who offers products and/or services to consumers on-line;
Distance contract: means an agreement where only one or more means of distance communication is used in the framework of a system organized by the entrepreneur for distance selling of products and/or services, until the conclusion of the agreement;
Technology for distance communication: a means that can be used to conclude a contract, without the consumer and trader being in the same room;
ARTICLE 2 – Identity of the entrepreneur
Sunware BV
Kranenberg 10
5047 TR Tilburg
T: (Monday to Friday 09h00 – 16h30)
E: klantenservice@sunware.nl
CoC number: 18021519
VAT Identification number: NL004 584 715 B02
ARTICLE 3 – Applicability
These general conditions apply to any Offer from the Entrepreneur and to any remotely established Agreement between the Entrepreneur and Consumer
Before the distance agreement is concluded, the text of these general conditions will be made available to the Consumer. If this is not reasonably possible, it will be indicated before the remote agreement is concluded that the general conditions can be inspected at the Entrepreneur, and can be sent free of charge as soon as possible upon request from the Consumer.
If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available to the user electronically in such a way that they can be stored by the Consumer in a simple way and on a durable medium. If this is not reasonably possible, it will be indicated before the agreement is concluded where the general conditions can be allocated in electronic form and that they will be sent free of charge upon request from the Consumer, electronically or otherwise.
In the event that specific product or service requirements also apply in addition to these general conditions, the second and third paragraph shall apply and the Consumer may, in case of conflicting terms always rely on the applicable provision that is most favourable to him.
ARTICLE 4 – The range
If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products and/or services offered. Obvious mistakes or obvious errors in the offer shall be binding on the entrepreneur.
Every offer will contain such information that it is clear what the rights and obligations of consumers are, associated with the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible cost of delivery;
how the agreement will be achieved and what actions are required;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the Agreement;
the deadline for acceptance of the offer, or the period in which the entrepreneur guarantees the price;
the value of the rate for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the regular rate for the means of communication;
whether the contract is filed after conclusion, and if so, how the consumer can consult it;
the way in which the consumer can, before the conclusion of the agreement, inspect the information provided under the agreement and if required, rectify these;
any other languages, including Dutch, in which the contract may be concluded;
The code of conduct to which the Entrepreneur has submitted and the way the consumer can consult these Codes of Conduct electronically;
and the minimum duration of the distance agreement in case of an Extended Transaction.
ARTICLE 5 – The Agreement
The Agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance by the Consumer of the Offer and complying with the corresponding conditions.
If the Consumer has accepted the offer electronically, the entrepreneur will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the Entrepreneur, the consumer may terminate the Agreement.
If the Agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and create a secure web environment. If the consumer can pay electronically, the Entrepreneur shall observe appropriate security measures for this purpose.
The entrepreneur may – within legal limits – inform whether the user is able to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance Agreement. If the Entrepreneur is justified under this investigation not to enter into the agreement, he is lawfully entitled to refuse an order or application or to bind its implementation to special conditions.
The Entrepreneur will send the following information of the product or service to the Consumer, in writing and in such a manner that it can be stored in an accessible manner by the consumer, on a durable medium:
The address of the establishment of the Entrepreneur where the Consumer can address his complaints;
the conditions under which and the manner in which the Consumer can exercise the withdrawal right, or make a clear statement regarding the exclusion of the Right of Withdrawal
information about guarantees and after sales service;
the data included in article 4 paragraph 3 of these conditions, except if the Entrepreneur has already provided this information to the Consumer prior to the execution of the Agreement
the requirements for terminating the Agreement if the Agreement has a duration of more than one year or for an indefinite period
In case of an extended transaction, the stipulation in the previous paragraph applies only to the first delivery.
ARTICLE 6 – Right of withdrawal
As a consumer, you have the right to return any items purchased within 14 days without reason. This period allows you to evaluate the product to ensure it meets your requirements.
To exercise the right to cancel, you must inform us Sunware, Kranenberg 10, 5047 TR, Tilburg, klantenservice@sunware.nl, 003113-570 3200, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
This evaluation 14 days begins:
– From the date received.
– For multiple items in one order and delivered separately: when the order has been completely received.
– If an article consists of different parts: when the last part has be received.
To return your item please ensure you:
– Return the product to the return address below.
– Include a copy of the invoice received with your order.
– Indication the reasons for the return. As a consumer, you have the right to return any items purchased within 14 days without reason. This period allows you to evaluate the product to ensure it meets your requirements.
To exercise the right to cancel, you must inform us Sunware, Kranenberg 10, 5047 TR, Tilburg, klantenservice@sunware.nl, 003113-570 3200, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
This evaluation 14 days begins:
– From the date received.
– For multiple items in one order and delivered separately: when the order has been completely received.
– If an article consists of different parts: when the last part has be received.
To return your item please ensure you:
– Return the product to the return address below.
– Include a copy of the invoice received with your order.
– Indication the reasons for the return.
ARTICLE 7 – Costs in case of withdrawal
If the Consumer exercises his right of withdrawal, at least the cost of returning the goods will be borne by him
If the Consumer has paid an amount, the Entrepreneur will refund this amount as soon as possible but no later than 14 days after the return or cancellation.
ARTICLE 8 – Exclusion of the Right of withdrawal
The entrepreneur can exclude the right of withdrawal by the consumer as far as provided for in paragraph 2 and 3. The exclusion of the right of withdrawal is valid only if the entrepreneur has clearly mentioned this in the offer, at least in time before the conclusion of the agreement.
The exclusion of the right of withdrawal is only possible for products which have been created by the Entrepreneur’ based on the specifications of the Consumer that are clearly personal in nature which can not be returned due to their nature which can spoil or age quickly which price depends on fluctuations in the financial market over which the trader has no influence
for individual newspapers and magazines for audio and video recordings and computer software for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
Related to accommodation, transport, catering or leisure activities to be carried out on a given date or during a specified period
The supply of which has started with the explicit consent of the consumer before the withdrawal period has expired
On betting and lotteries
ARTICLE 9 – The Price
During the period mentioned in the offer, the prices of the offered products and/or services are not increased, except for price changes due to changes in VAT rates.
In deviation from the preceding paragraph, the Entrepreneur may offer the Products or Services of which the prices are subject to fluctuations in the financial market and on which the Entrepreneur has no control, at variable prices. These fluctuations and the fact that any indicated prices are target prices, are mentioned with the deal.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed and:
They are the result of statutory regulations or provisions;
or the consumer has the power to terminate the contract on the day on which the price increase takes effect.
The prices listed in the offer of products or services include VAT.
ARTICLE 10 – Conformity and Guarantee
The Entrepreneur guarantees that the products and/or services meet the specifications stated in the Offer, the reasonable requirements of reliability and/or usability and legal provisions and/or Government regulations existing on the date of the conclusion of the agreement. If agreed, the Entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee issued by the Entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can have on the Entrepreneur under the Agreement.
ARTICLE 11 – Supply and execution
The Entrepreneur will take the greatest possible care when receiving and implementing orders for Products and in the assessment of applications for the provision of services.
The place of delivery is the address the Consumer provided to the company.
Subject to what is known about this in article 4 of these Terms and Conditions, the Company will carry out accepted orders within 14 days unless a longer delivery term has been agreed on. If the delivery is delayed, or if an order is not or only partially carried out, the Consumer will be informed at least 14 days after the order was placed. The consumer in this case has the right to terminate the Agreement without penalty.
In case of dissolution in accordance with the previous paragraph, the Entrepreneur will refund the amount the User paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the Entrepreneur will attempt to make a replacement article available. A notification will be made in a clear and comprehensible manner that a replacement article is delivered at the latest at the time of delivery. The right of withdrawal cannot be ruled out with substitute items. The costs of any return shipment shall be borne by the Entrepreneur.
The risk of damage and/or loss of products rests with the Entrepreneur up to the moment of delivery to the Consumer or a pre-designated representative known to the Entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 – Duration, cancellation and renewal
Cancellation
The consumer may at any time terminate the agreement for an indefinite period, which extends to the regular delivery of products (including electricity) or services, considering the applicable termination rules and a notice of up to one month.
The consumer may at any time terminate the agreement for a fixed period, which extends to the regular delivery of products (including electricity) or services, at the end of the fixed period considering the applicable termination rules and a notice of up to one month.
Concerning the agreements mentioned in the previous paragraphs, the consumer can:
cancel them at any time and not be limited to cancellation at a specific time or in a given period;
cancel at least in the same way as at was entered into by him;
always cancel with the same notice period as the entrepreneur has negotiated for itself.
Extension
A contract entered for a definite period, which extends to the regular delivery of products (including electricity) or services, should not be extended or renewed tacitly for a fixed duration.
By way of derogation from the previous paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines may be extended tacitly for a fixed period of up to three months, if the consumer may cancel this extended agreement by the end of the extension with up to one month’s notice.
A contract entered for a definite period, which extends to the regular delivery of products or services, shall only be extended tacitly for an indefinite period if the consumer may cancel at any time with a notice period of one month and a notice of up to three months in case the agreement extends to the regular delivery, but less than once a month, of daily papers, newspapers, and weekly papers and magazines.
An agreement with limited duration on the arranged introductory delivery of daily papers, newspapers and weekly papers and magazines (trial or introductory subscription) is not continued tacitly and ends automatically at the end of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after a year with a notice of up to a month, unless reasonableness and fairness itself opposes cancellation before the end of the agreed duration.
ARTICLE 13 – Payment
Unless otherwise agreed, the amounts due by the Consumer is to be paid within 14 days after the start of the withdrawal period referred to in article 6 (1). In the case of a contract on the provision of a service, this term commences after the Consumer has received the confirmation of the agreement.
When selling products to consumers, the General Terms and Conditions shall never stipulate an advance payment in excess of 50%. When a deposit is agreed on, the consumer may not assert any rights regarding the implementation of the order or service(s), before the stipulated advance payment has been made.
The Consumer has the duty to report inaccuracies in provided or stated payment data to the Entrepreneur without delay.
In case of non-payment by the consumer, the Entrepreneur has the right to charge the consumer with all reasonable costs, subject to statutory limitations.
ARTICLE 14 – Complaints procedure
The entrepreneur has a well-publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
Complaints about the execution of the Agreement should be submitted to the Entrepreneur, fully and clearly described, once the Consumer has discovered the flaws.
Complaints submitted with the Entrepreneur will be dealt with within a period of 14 days from the date of receipt. If a complaint requires an anticipated longer processing time, the Entrepreneur replies within a period of 14 days with a message of receipt and indicating when the Consumer can expect a more detailed answer.
A complaint over a product, service or the entrepreneur’s services can also be submitted in a complaints form of the website of the Stichting Webshop Keurmerk www.keurmerk.info. The complaint is then sent to the relevant entrepreneur and the Stichting Webshop Keurmerk.
If the complaint cannot be solved in joint consultation, a dispute arises that qualifies for the dispute clause.
ARTICLE 15 – Disputes
Only Dutch law applies to agreements between the Entrepreneur and the Consumer to which these general conditions relate to.
Disputes between the consumer and the entrepreneur on the establishment or execution of agreements concerning goods and or services to be supplied by this entrepreneur, can, in consideration of the following, be submitted to the Geschillencommissie (Dispute Commission) Webshop Keurmerk by both the consumer and the entrepreneur via info@keurmerk.info. Geschillencommissie Webshop, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
A dispute is only dealt with by the Geschillencommissie if the consumer has submitted his complaint to the entrepreneur in good time.
The dispute must be submitted with the Geschillencommissie in writing within three months after the dispute originated.
If the consumer wants to submit a dispute with the Geschillencommissie, the entrepreneur is bound by this choice. If the entrepreneur wants to do so, the consumer shall within five weeks after a written request by the entrepreneur, declare if he also wants this to be done or if he wants the dispute to be treated by the authorised court. If the entrepreneur is not informed of the consumer’s choice within a period of five weeks, the entrepreneur shall be entitled to submit the dispute to the authorised court.
The Geschillencommissie decides subject to the terms and conditions as set out in the Geschillencommissie regulation. The decisions of the Geschillencommissie are handed down as a binding recommendation.
The Geschillencommissie shall not deal with a dispute, or terminate the treatment thereof, if the entrepreneur is granted suspension of payment, is declared bankrupt, or has actually terminated its business activities before a dispute is treated by the committee at the hearing, and a final decision is handed down.
If, besides the Geschillencommissie Webshop, another dispute commission recognised or affiliated to the Stichting Geschillencommissies voor Consumentenzaken (SGC) (Dispute Commission Foundation for Consumer Affairs) or the Klachteninstituut Financiële Dienstverlening (Kifid) (Complaints Institute for Financial Services), only the Geschillencommissie Webshop shall be authorised to deal with disputes mainly concerning the on-line sales or service method. For all other disputes, the SGC or Kifid accredited dispute commission shall apply.
ARTICLE 16 – Industry guarantee
The Stichting Webshop Keurmerk guarantees the fulfilment of the binding opinions of the Geschillencommissie Webshop by its members, unless the Member decides to submit the binding decision to the Court for review, within two months after sending. This guarantee is reinstated if the binding decision, after judicial review, has remained in place and the verdict from which this turns out, enters into res judicata. The amount shall be paid by the Stichting Webshop Keurmerk to the consumer to a maximum amount of €10,000.00 per binding advice. With amounts exceeding €10,000.00 per binding advice, €10,000.00 shall be paid. To cover the excess, the Stichting Webshop Keurmerk has an obligation to make an effort to ensure the member complies with the binding advice
In application of this guarantee, the consumer is required to submit a written request in this regard to the Stichting Webshop Keurmerk and that he transfers his claim on the entrepreneur to the Stichting Webshop Keurmerk. If the claim on the entrepreneur exceeds €10,000.00, the consumer is advised to transfer its claim in as far as it exceeds the amount of€10,000.00, to the Stichting Webshop Keurmerk, following which the organisation will in own name and expense, take legal steps to acquire the payment to the consumer.
ARTICLE 17 – Additional or different terms and conditions
Additional or different terms may not be at the disadvantages of the consumer and should be recorded in writing or in such a way that the consumer can store it in an accessible manner on a durable medium. The additional Sunware stipulations are included in the articles below.
ARTICLE 18 – Changing the General Terms and Conditions Stichting Webshop Keurmerk
The Stichting Webshop Keurmerk shall not amend these General Terms and Conditions unless in discussion with the Consumentenbond.
Amendments to these terms and conditions will only come into effect after they have been published in the appropriate way, on the understanding that with appropriate changes during the term of an offer, the provision that is most favourable to the consumer will prevail.
Supplementary Sunware stipulations
ARTICLE 19 – Intellectual property rights
This website and all on this website, including but not limited to images, text, photographs, designs, icons and illustrations, with the exception of all that which is already protected under an already existing copyright or other intellectual property right, shall be the property of Sunware and/or its owners or (business) partners. Sunware’s prior written permission is required if you want to reproduce, publish, alter, upload, send (by post), distribute or want to make anything from this website public in any way. The trademarks and logos used and depicted on this site, are trademarks of Sunware and others. Nothing on this site can be seen or interpreted as consent, implied or otherwise, to authorization or right to a trademark of or featured on this site, without the prior written permission of the owner of that Trademark. Users may only view and/or download the material from this site for personal, non-commercial private use. Sunware will use all legal possibilities to protect its intellectual property rights. All rights not expressly granted to third parties in these terms and conditions are expressly reserved to Sunware.
ARTICLE 20 – Disclaimer for products and/or advice
All products should be used as shown in the product descriptions on this website. If you are dissatisfied with a product, please let us know as soon as possible. For details, see the terms of our Return policy, an integral part of these terms and conditions.
ARTICLE 21 – Disclaimer for information and/or recommendations
The purpose of this site is to display the ideas and opinions of the author about the marketing, sale and use of household plastic products. The only purpose of the author is giving information to consumers and making recommendations on the purchase of household plastic products. The information and recommendations that are presented here are only a representation of the opinion, ideas and knowledge of the author on the subject and the products that are listed. Everyone has the inalienable right to assess products according to her or his personal criteria and to disagree with the author.
ARTICLE 22 – Disclaimer for guarantees
In addition to the provisions of article 10, the contents of this site is provided ‘as is’ and not a warranty, neither explicitly nor implied. The products that are sold through this site, are sold ‘as is’ and without any warranty, express or implied, other than provided for in article 10, paragraph 1. Warranties are excluded in the broadest sense allowed under the law. Sunware does not guarantee and do not declare that the content of the site, whether entered by Sunware or third parties, is accurate or reliable, or that the site is free of errors or viruses, or that access to and use of the site will not be interrupted and will be safe at all times. You are aware that guarantees that are given on products of a third party which may be described on the site (for example, in the context of reviews of products by third parties), are given only by that party and not by Sunware.
If you are dissatisfied with the site, the only thing you can do, is not to use the site (any more). By using the site you acknowledge that you do so at your own risk. Sunware is not liable for any direct, indirect, incidental, or any other form or type of damage, including all forms of consequential damages, regardless of whether a claim for damages is based on contract, tort or any other basis of liability whatsoever, with respect to the site, the content thereof or the products that are described or sold, even if Sunware has been advised of the possibility of such damages. An exception to the foregoing is formed by damage as a direct result of intent or gross negligence of Sunware. Sunware’s liability shall in all cases be limited to the amount that the user has paid for the purchase of products that are sold on the site, or in the case of a subscription service, any amount paid by the user to be able to use this service for one year.
ARTICLE 23 – No approval
In some cases, the opinions of users of the site are mentioned on the site. It should not be inferred from the mere fact that these opinions are expressed on the site, that Sunware agrees with such views or that Sunware endorses this.
ARTICLE 24 – Void if illegal
Although the site is accessible worldwide, not all products that are described or sold on it are available for everyone or in all geographic areas or jurisdictions. Sunware only offers products and sells only to residents of the European Union and only sends packages to addresses within the European Union. Sunware reserves the right to limit the availability of the site and/or delivering a product and/or the quantity thereof, for any reason, to any person, geographic area or jurisdiction. Any offer for any product that is done on this site, does not apply if that is not allowed. The use of this site is not permitted in any jurisdiction where (1) the extent of these terms and conditions are not valid or (2) the site or part thereof is in violation of any applicable legal provision there.
ARTICLE 25 – Code of conduct
You agree:
not to limit or prevent other users from using this site and its services;
not to share illegal, fraudulent, threatening, offensive, defamatory, obscene or otherwise objectionable or harmful information or materials or information or material that could encourage criminal conduct or could lead to liability or otherwise be in breach of a statutory provision;
not to transfer any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component;
not to transfer any material that violates the intellectual property rights of a third party;
not to use this site for commercial or illegal purposes;
not to change, adapt, translate, resell, reverse engineer, disassemble or rebuild anything on this site.
ARTICLE 26 – Indemnification
You agree to indemnify and protect Sunware against claims, damages and costs (including all reasonable costs of legal assistance that were created in an arbitration proceeding, lawsuit or appeal) which, directly or indirectly, is the result of your violation of any provision of these terms and conditions (including violation of the Code of Conduct) and/or the result of other activities you undertake or have undertaken in connection with this site or the products that are discussed, offered or sold on it. This section shall remain in force after termination, for any reason, of any agreement to which these conditions apply and also after termination of the use of this site.
ARTICLE 27 – Purchases
If you have want to buy products, which are offered on this site, you may be asked to provide certain information, including, but not limited to your credit card information or other payment information. Such information will be kept confidential by Sunware. Your guarantee that all information that you give is accurate, complete and up-to-date. You agree to pay all costs that are incurred by users of your account, credit card or other payment methods, and that you shall pay the prices in force at the moment you buy the products. You are also responsible for paying taxes and charges (other than VAT) that may be applicable to your purchase. The prices on the site are in Euro and include VAT.
ARTICLE 28 – Letters, questions, comments and reviews
You acknowledge and agree that by sending Sunware your questions, comments and/or product reviews (from Sunware products or products of other brands), in writing or by e-mail, you give irrevocable consent to use, display, reproduce, publish, broadcast, modify, adapt, distribute, translate, and pass this on (as a whole or a part of it) and/or to include it as part of other work, free of charge, at any time, without exception, worldwide, in any form, through any medium or technology now known or developed afterwards, and that for the entire term of any existing copyright on the material. In addition, in guarantee that, by sending material to Sunware, you are entitled to and are allowed to grant and to transfer such rights and that the material you send does not violate rights of any third party, including, but not limited to, copyright, trademark or any other intellectual property right or any right to protection of privacy.
ARTICLE 29 – Use of passwords
The use of any password protected part of the site, is reserved exclusively to the person who has permission and a password to log in on such a part of the site (the “Authorized Party”). The password is non-transferable and the Authorized Party is responsible for any damage of any nature whatsoever that could result in damage suffered by Sunware as a result of the (intentionally or unintentionally) distribution or sharing of his or her password.
ARTICLE 30 – Changes
Sunware has the right to at any time (1) modify these terms and conditions, (2) change the site, including the removal or termination of any content or any aspect of the site, adjusting the hours that the site is available, limiting how often this may be used, and (3) to change (subscription) costs for the use of this site, including the establishment of new or additional fees for the use of the site or related services or aspects. These terms and conditions may be changed at any time by Sunware by publishing the amended terms on the site. Continued use of the site after we have published these changes, means that you agree with these changes.
ARTICLE 31 – Miscellaneous
Dutch law is applicable to these terms and conditions and all agreements to which these terms and conditions apply and you agree with and explicitly express your choice of the applicability of Dutch law. Each party to a contract to which these general terms and conditions apply, agree that any disputes arising out of or relating to such an agreement, and that are not solved after any involvement of the Geschillencommissie as stated in article 15, shall only be settled by the District Court of Amsterdam and irrevocably promises not to dispute the jurisdiction or object to this Court. If any (stipulation of such) agreement must be enforced, the correct party shall be entitled to a reimbursement of the costs of a trial and reasonable costs for legal assistance. If any provision of these terms and conditions should be rendered void or unenforceable by a court or other competent authority, such a provision shall expire or be limited but only to the extent that it is necessary and in such a way that the other provisions of the agreement shall remain enforceable. Prior or contemporaneous written or oral agreements that may possibly be in place, lapse if an agreement is entered into to which these general terms and conditions apply; in that case only these conditions apply. A single statement of waiver of rights by any party in respect of rights or claims based on breach or failure by the other party cannot be considered as waiver of rights in respect of any earlier or later or subsequent breach or default. Each title, paragraph title or each heading in these conditions are there solely for the sake of clarity and is in no way an explanation or definition of a paragraph, text, or condition that is described therein.
If you use this website (hereinafter also: site) you agree with the following terms and conditions and you agree that these terms and conditions form part of any agreement that you enter into with Sunware. These terms and conditions apply to the use of our website(s), every order you place with us, on every purchase you make through our website(s) and on any agreement that you may enter into with Sunware. (hereinafter referred to as: “Sunware”).
CONTENT
ARTICLE 1 – Definitions
ARTICLE 2 – Identity of the entrepreneur
ARTICLE 3 – Applicability
ARTICLE 4 – The range
ARTICLE 5 – The Agreement
ARTICLE 6 – Right of withdrawal
ARTICLE 7 – Costs in case of withdrawal
ARTICLE 8 – Exclusion of the Right of withdrawal
ARTICLE 9 – The Price
ARTICLE 10 – Conformity and Guarantee
ARTICLE 11 – Supply and execution
ARTICLE 12 – Duration, cancellation and renewal
ARTICLE 13 – Payment
ARTICLE 14 – Complaints procedure
ARTICLE 15 – Disputes
ARTICLE 16 – Industry guarantee
ARTICLE 17 – Additional or different terms and conditions
ARTICLE 18 – Changing the General Terms and Conditions Webshop Keurmerk
Supplementary Sunware stipulations
ARTICLE 19 – Intellectual property rights
ARTICLE 20 – Disclaimer for products and/or advice
ARTICLE 21 – Disclaimer for information and/or recommendations
ARTICLE 22 – Disclaimer for guarantees
ARTICLE 23 – No approval
ARTICLE 24 – Void if illegal
ARTICLE 25 – Code of conduct
ARTICLE 26 – Indemnification
ARTICLE 27 – Purchases
ARTICLE 28 – Letters, questions, comments and reviews
ARTICLE 29 – Use of passwords
ARTICLE 30 – Changes
ARTICLE 31 – Miscellaneous
ARTICLE 1 – Definitions
In these Conditions is understood under:
Grace period: The period within which the consumer can exercise his right of withdrawal;
Consumer: a natural person not acting by virtue of a profession or business and who enters into a remote contract with the entrepreneur;
Day: calendar day;
Transaction Duration: a distance agreement concerning a series of products and/or services, of which the supply and / or purchase obligation is spread over time;
Long-term data carrier: Any means that enables the consumer or operator to store information directed to him personally in such a way that facilitates future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the ability of the consumer to withdraw from the distance contract within the waiting period;
Entrepreneur: the natural or legal person who is affiliated with the Stichting Webshop Keurmerk and who offers products and/or services to consumers on-line;
Distance contract: means an agreement where only one or more means of distance communication is used in the framework of a system organized by the entrepreneur for distance selling of products and/or services, until the conclusion of the agreement;
Technology for distance communication: a means that can be used to conclude a contract, without the consumer and trader being in the same room;
ARTICLE 2 – Identity of the entrepreneur
Sunware BV
Kranenberg 10
5047 TR Tilburg
T: (Monday to Friday 09h00 – 16h30)
E: klantenservice@sunware.nl
CoC number: 18021519
VAT Identification number: NL004 584 715 B02
ARTICLE 3 – Applicability
These general conditions apply to any Offer from the Entrepreneur and to any remotely established Agreement between the Entrepreneur and Consumer
Before the distance agreement is concluded, the text of these general conditions will be made available to the Consumer. If this is not reasonably possible, it will be indicated before the remote agreement is concluded that the general conditions can be inspected at the Entrepreneur, and can be sent free of charge as soon as possible upon request from the Consumer.
If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available to the user electronically in such a way that they can be stored by the Consumer in a simple way and on a durable medium. If this is not reasonably possible, it will be indicated before the agreement is concluded where the general conditions can be allocated in electronic form and that they will be sent free of charge upon request from the Consumer, electronically or otherwise.
In the event that specific product or service requirements also apply in addition to these general conditions, the second and third paragraph shall apply and the Consumer may, in case of conflicting terms always rely on the applicable provision that is most favourable to him.
ARTICLE 4 – The range
If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products and/or services offered. Obvious mistakes or obvious errors in the offer shall be binding on the entrepreneur.
Every offer will contain such information that it is clear what the rights and obligations of consumers are, associated with the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible cost of delivery;
how the agreement will be achieved and what actions are required;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the Agreement;
the deadline for acceptance of the offer, or the period in which the entrepreneur guarantees the price;
the value of the rate for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the regular rate for the means of communication;
whether the contract is filed after conclusion, and if so, how the consumer can consult it;
the way in which the consumer can, before the conclusion of the agreement, inspect the information provided under the agreement and if required, rectify these;
any other languages, including Dutch, in which the contract may be concluded;
The code of conduct to which the Entrepreneur has submitted and the way the consumer can consult these Codes of Conduct electronically;
and the minimum duration of the distance agreement in case of an Extended Transaction.
ARTICLE 5 – The Agreement
The Agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance by the Consumer of the Offer and complying with the corresponding conditions.
If the Consumer has accepted the offer electronically, the entrepreneur will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the Entrepreneur, the consumer may terminate the Agreement.
If the Agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and create a secure web environment. If the consumer can pay electronically, the Entrepreneur shall observe appropriate security measures for this purpose.
The entrepreneur may – within legal limits – inform whether the user is able to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance Agreement. If the Entrepreneur is justified under this investigation not to enter into the agreement, he is lawfully entitled to refuse an order or application or to bind its implementation to special conditions.
The Entrepreneur will send the following information of the product or service to the Consumer, in writing and in such a manner that it can be stored in an accessible manner by the consumer, on a durable medium:
The address of the establishment of the Entrepreneur where the Consumer can address his complaints;
the conditions under which and the manner in which the Consumer can exercise the withdrawal right, or make a clear statement regarding the exclusion of the Right of Withdrawal
information about guarantees and after sales service;
the data included in article 4 paragraph 3 of these conditions, except if the Entrepreneur has already provided this information to the Consumer prior to the execution of the Agreement
the requirements for terminating the Agreement if the Agreement has a duration of more than one year or for an indefinite period
In case of an extended transaction, the stipulation in the previous paragraph applies only to the first delivery.
ARTICLE 6 – Right of withdrawal
As a consumer, you have the right to return any items purchased within 14 days without reason. This period allows you to evaluate the product to ensure it meets your requirements.
To exercise the right to cancel, you must inform us Sunware, Kranenberg 10, 5047 TR, Tilburg, klantenservice@sunware.nl, 003113-570 3200, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
This evaluation 14 days begins:
– From the date received.
– For multiple items in one order and delivered separately: when the order has been completely received.
– If an article consists of different parts: when the last part has be received.
To return your item please ensure you:
– Return the product to the return address below.
– Include a copy of the invoice received with your order.
– Indication the reasons for the return. As a consumer, you have the right to return any items purchased within 14 days without reason. This period allows you to evaluate the product to ensure it meets your requirements.
To exercise the right to cancel, you must inform us Sunware, Kranenberg 10, 5047 TR, Tilburg, klantenservice@sunware.nl, 003113-570 3200, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
This evaluation 14 days begins:
– From the date received.
– For multiple items in one order and delivered separately: when the order has been completely received.
– If an article consists of different parts: when the last part has be received.
To return your item please ensure you:
– Return the product to the return address below.
– Include a copy of the invoice received with your order.
– Indication the reasons for the return.
ARTICLE 7 – Costs in case of withdrawal
If the Consumer exercises his right of withdrawal, at least the cost of returning the goods will be borne by him
If the Consumer has paid an amount, the Entrepreneur will refund this amount as soon as possible but no later than 14 days after the return or cancellation.
ARTICLE 8 – Exclusion of the Right of withdrawal
The entrepreneur can exclude the right of withdrawal by the consumer as far as provided for in paragraph 2 and 3. The exclusion of the right of withdrawal is valid only if the entrepreneur has clearly mentioned this in the offer, at least in time before the conclusion of the agreement.
The exclusion of the right of withdrawal is only possible for products which have been created by the Entrepreneur’ based on the specifications of the Consumer that are clearly personal in nature which can not be returned due to their nature which can spoil or age quickly which price depends on fluctuations in the financial market over which the trader has no influence
for individual newspapers and magazines for audio and video recordings and computer software for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
Related to accommodation, transport, catering or leisure activities to be carried out on a given date or during a specified period
The supply of which has started with the explicit consent of the consumer before the withdrawal period has expired
On betting and lotteries
ARTICLE 9 – The Price
During the period mentioned in the offer, the prices of the offered products and/or services are not increased, except for price changes due to changes in VAT rates.
In deviation from the preceding paragraph, the Entrepreneur may offer the Products or Services of which the prices are subject to fluctuations in the financial market and on which the Entrepreneur has no control, at variable prices. These fluctuations and the fact that any indicated prices are target prices, are mentioned with the deal.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed and:
They are the result of statutory regulations or provisions;
or the consumer has the power to terminate the contract on the day on which the price increase takes effect.
The prices listed in the offer of products or services include VAT.
ARTICLE 10 – Conformity and Guarantee
The Entrepreneur guarantees that the products and/or services meet the specifications stated in the Offer, the reasonable requirements of reliability and/or usability and legal provisions and/or Government regulations existing on the date of the conclusion of the agreement. If agreed, the Entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee issued by the Entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can have on the Entrepreneur under the Agreement.
ARTICLE 11 – Supply and execution
The Entrepreneur will take the greatest possible care when receiving and implementing orders for Products and in the assessment of applications for the provision of services.
The place of delivery is the address the Consumer provided to the company.
Subject to what is known about this in article 4 of these Terms and Conditions, the Company will carry out accepted orders within 14 days unless a longer delivery term has been agreed on. If the delivery is delayed, or if an order is not or only partially carried out, the Consumer will be informed at least 14 days after the order was placed. The consumer in this case has the right to terminate the Agreement without penalty.
In case of dissolution in accordance with the previous paragraph, the Entrepreneur will refund the amount the User paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the Entrepreneur will attempt to make a replacement article available. A notification will be made in a clear and comprehensible manner that a replacement article is delivered at the latest at the time of delivery. The right of withdrawal cannot be ruled out with substitute items. The costs of any return shipment shall be borne by the Entrepreneur.
The risk of damage and/or loss of products rests with the Entrepreneur up to the moment of delivery to the Consumer or a pre-designated representative known to the Entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 – Duration, cancellation and renewal
Cancellation
The consumer may at any time terminate the agreement for an indefinite period, which extends to the regular delivery of products (including electricity) or services, considering the applicable termination rules and a notice of up to one month.
The consumer may at any time terminate the agreement for a fixed period, which extends to the regular delivery of products (including electricity) or services, at the end of the fixed period considering the applicable termination rules and a notice of up to one month.
Concerning the agreements mentioned in the previous paragraphs, the consumer can:
cancel them at any time and not be limited to cancellation at a specific time or in a given period;
cancel at least in the same way as at was entered into by him;
always cancel with the same notice period as the entrepreneur has negotiated for itself.
Extension
A contract entered for a definite period, which extends to the regular delivery of products (including electricity) or services, should not be extended or renewed tacitly for a fixed duration.
By way of derogation from the previous paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines may be extended tacitly for a fixed period of up to three months, if the consumer may cancel this extended agreement by the end of the extension with up to one month’s notice.
A contract entered for a definite period, which extends to the regular delivery of products or services, shall only be extended tacitly for an indefinite period if the consumer may cancel at any time with a notice period of one month and a notice of up to three months in case the agreement extends to the regular delivery, but less than once a month, of daily papers, newspapers, and weekly papers and magazines.
An agreement with limited duration on the arranged introductory delivery of daily papers, newspapers and weekly papers and magazines (trial or introductory subscription) is not continued tacitly and ends automatically at the end of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after a year with a notice of up to a month, unless reasonableness and fairness itself opposes cancellation before the end of the agreed duration.
ARTICLE 13 – Payment
Unless otherwise agreed, the amounts due by the Consumer is to be paid within 14 days after the start of the withdrawal period referred to in article 6 (1). In the case of a contract on the provision of a service, this term commences after the Consumer has received the confirmation of the agreement.
When selling products to consumers, the General Terms and Conditions shall never stipulate an advance payment in excess of 50%. When a deposit is agreed on, the consumer may not assert any rights regarding the implementation of the order or service(s), before the stipulated advance payment has been made.
The Consumer has the duty to report inaccuracies in provided or stated payment data to the Entrepreneur without delay.
In case of non-payment by the consumer, the Entrepreneur has the right to charge the consumer with all reasonable costs, subject to statutory limitations.
ARTICLE 14 – Complaints procedure
The entrepreneur has a well-publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
Complaints about the execution of the Agreement should be submitted to the Entrepreneur, fully and clearly described, once the Consumer has discovered the flaws.
Complaints submitted with the Entrepreneur will be dealt with within a period of 14 days from the date of receipt. If a complaint requires an anticipated longer processing time, the Entrepreneur replies within a period of 14 days with a message of receipt and indicating when the Consumer can expect a more detailed answer.
A complaint over a product, service or the entrepreneur’s services can also be submitted in a complaints form of the website of the Stichting Webshop Keurmerk www.keurmerk.info. The complaint is then sent to the relevant entrepreneur and the Stichting Webshop Keurmerk.
If the complaint cannot be solved in joint consultation, a dispute arises that qualifies for the dispute clause.
ARTICLE 15 – Disputes
Only Dutch law applies to agreements between the Entrepreneur and the Consumer to which these general conditions relate to.
Disputes between the consumer and the entrepreneur on the establishment or execution of agreements concerning goods and or services to be supplied by this entrepreneur, can, in consideration of the following, be submitted to the Geschillencommissie (Dispute Commission) Webshop Keurmerk by both the consumer and the entrepreneur via info@keurmerk.info. Geschillencommissie Webshop, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
A dispute is only dealt with by the Geschillencommissie if the consumer has submitted his complaint to the entrepreneur in good time.
The dispute must be submitted with the Geschillencommissie in writing within three months after the dispute originated.
If the consumer wants to submit a dispute with the Geschillencommissie, the entrepreneur is bound by this choice. If the entrepreneur wants to do so, the consumer shall within five weeks after a written request by the entrepreneur, declare if he also wants this to be done or if he wants the dispute to be treated by the authorised court. If the entrepreneur is not informed of the consumer’s choice within a period of five weeks, the entrepreneur shall be entitled to submit the dispute to the authorised court.
The Geschillencommissie decides subject to the terms and conditions as set out in the Geschillencommissie regulation. The decisions of the Geschillencommissie are handed down as a binding recommendation.
The Geschillencommissie shall not deal with a dispute, or terminate the treatment thereof, if the entrepreneur is granted suspension of payment, is declared bankrupt, or has actually terminated its business activities before a dispute is treated by the committee at the hearing, and a final decision is handed down.
If, besides the Geschillencommissie Webshop, another dispute commission recognised or affiliated to the Stichting Geschillencommissies voor Consumentenzaken (SGC) (Dispute Commission Foundation for Consumer Affairs) or the Klachteninstituut Financiële Dienstverlening (Kifid) (Complaints Institute for Financial Services), only the Geschillencommissie Webshop shall be authorised to deal with disputes mainly concerning the on-line sales or service method. For all other disputes, the SGC or Kifid accredited dispute commission shall apply.
ARTICLE 16 – Industry guarantee
The Stichting Webshop Keurmerk guarantees the fulfilment of the binding opinions of the Geschillencommissie Webshop by its members, unless the Member decides to submit the binding decision to the Court for review, within two months after sending. This guarantee is reinstated if the binding decision, after judicial review, has remained in place and the verdict from which this turns out, enters into res judicata. The amount shall be paid by the Stichting Webshop Keurmerk to the consumer to a maximum amount of €10,000.00 per binding advice. With amounts exceeding €10,000.00 per binding advice, €10,000.00 shall be paid. To cover the excess, the Stichting Webshop Keurmerk has an obligation to make an effort to ensure the member complies with the binding advice
In application of this guarantee, the consumer is required to submit a written request in this regard to the Stichting Webshop Keurmerk and that he transfers his claim on the entrepreneur to the Stichting Webshop Keurmerk. If the claim on the entrepreneur exceeds €10,000.00, the consumer is advised to transfer its claim in as far as it exceeds the amount of€10,000.00, to the Stichting Webshop Keurmerk, following which the organisation will in own name and expense, take legal steps to acquire the payment to the consumer.
ARTICLE 17 – Additional or different terms and conditions
Additional or different terms may not be at the disadvantages of the consumer and should be recorded in writing or in such a way that the consumer can store it in an accessible manner on a durable medium. The additional Sunware stipulations are included in the articles below.
ARTICLE 18 – Changing the General Terms and Conditions Stichting Webshop Keurmerk
The Stichting Webshop Keurmerk shall not amend these General Terms and Conditions unless in discussion with the Consumentenbond.
Amendments to these terms and conditions will only come into effect after they have been published in the appropriate way, on the understanding that with appropriate changes during the term of an offer, the provision that is most favourable to the consumer will prevail.
Supplementary Sunware stipulations
ARTICLE 19 – Intellectual property rights
This website and all on this website, including but not limited to images, text, photographs, designs, icons and illustrations, with the exception of all that which is already protected under an already existing copyright or other intellectual property right, shall be the property of Sunware and/or its owners or (business) partners. Sunware’s prior written permission is required if you want to reproduce, publish, alter, upload, send (by post), distribute or want to make anything from this website public in any way. The trademarks and logos used and depicted on this site, are trademarks of Sunware and others. Nothing on this site can be seen or interpreted as consent, implied or otherwise, to authorization or right to a trademark of or featured on this site, without the prior written permission of the owner of that Trademark. Users may only view and/or download the material from this site for personal, non-commercial private use. Sunware will use all legal possibilities to protect its intellectual property rights. All rights not expressly granted to third parties in these terms and conditions are expressly reserved to Sunware.
ARTICLE 20 – Disclaimer for products and/or advice
All products should be used as shown in the product descriptions on this website. If you are dissatisfied with a product, please let us know as soon as possible. For details, see the terms of our Return policy, an integral part of these terms and conditions.
ARTICLE 21 – Disclaimer for information and/or recommendations
The purpose of this site is to display the ideas and opinions of the author about the marketing, sale and use of household plastic products. The only purpose of the author is giving information to consumers and making recommendations on the purchase of household plastic products. The information and recommendations that are presented here are only a representation of the opinion, ideas and knowledge of the author on the subject and the products that are listed. Everyone has the inalienable right to assess products according to her or his personal criteria and to disagree with the author.
ARTICLE 22 – Disclaimer for guarantees
In addition to the provisions of article 10, the contents of this site is provided ‘as is’ and not a warranty, neither explicitly nor implied. The products that are sold through this site, are sold ‘as is’ and without any warranty, express or implied, other than provided for in article 10, paragraph 1. Warranties are excluded in the broadest sense allowed under the law. Sunware does not guarantee and do not declare that the content of the site, whether entered by Sunware or third parties, is accurate or reliable, or that the site is free of errors or viruses, or that access to and use of the site will not be interrupted and will be safe at all times. You are aware that guarantees that are given on products of a third party which may be described on the site (for example, in the context of reviews of products by third parties), are given only by that party and not by Sunware.
If you are dissatisfied with the site, the only thing you can do, is not to use the site (any more). By using the site you acknowledge that you do so at your own risk. Sunware is not liable for any direct, indirect, incidental, or any other form or type of damage, including all forms of consequential damages, regardless of whether a claim for damages is based on contract, tort or any other basis of liability whatsoever, with respect to the site, the content thereof or the products that are described or sold, even if Sunware has been advised of the possibility of such damages. An exception to the foregoing is formed by damage as a direct result of intent or gross negligence of Sunware. Sunware’s liability shall in all cases be limited to the amount that the user has paid for the purchase of products that are sold on the site, or in the case of a subscription service, any amount paid by the user to be able to use this service for one year.
ARTICLE 23 – No approval
In some cases, the opinions of users of the site are mentioned on the site. It should not be inferred from the mere fact that these opinions are expressed on the site, that Sunware agrees with such views or that Sunware endorses this.
ARTICLE 24 – Void if illegal
Although the site is accessible worldwide, not all products that are described or sold on it are available for everyone or in all geographic areas or jurisdictions. Sunware only offers products and sells only to residents of the European Union and only sends packages to addresses within the European Union. Sunware reserves the right to limit the availability of the site and/or delivering a product and/or the quantity thereof, for any reason, to any person, geographic area or jurisdiction. Any offer for any product that is done on this site, does not apply if that is not allowed. The use of this site is not permitted in any jurisdiction where (1) the extent of these terms and conditions are not valid or (2) the site or part thereof is in violation of any applicable legal provision there.
ARTICLE 25 – Code of conduct
You agree:
not to limit or prevent other users from using this site and its services;
not to share illegal, fraudulent, threatening, offensive, defamatory, obscene or otherwise objectionable or harmful information or materials or information or material that could encourage criminal conduct or could lead to liability or otherwise be in breach of a statutory provision;
not to transfer any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component;
not to transfer any material that violates the intellectual property rights of a third party;
not to use this site for commercial or illegal purposes;
not to change, adapt, translate, resell, reverse engineer, disassemble or rebuild anything on this site.
ARTICLE 26 – Indemnification
You agree to indemnify and protect Sunware against claims, damages and costs (including all reasonable costs of legal assistance that were created in an arbitration proceeding, lawsuit or appeal) which, directly or indirectly, is the result of your violation of any provision of these terms and conditions (including violation of the Code of Conduct) and/or the result of other activities you undertake or have undertaken in connection with this site or the products that are discussed, offered or sold on it. This section shall remain in force after termination, for any reason, of any agreement to which these conditions apply and also after termination of the use of this site.
ARTICLE 27 – Purchases
If you have want to buy products, which are offered on this site, you may be asked to provide certain information, including, but not limited to your credit card information or other payment information. Such information will be kept confidential by Sunware. Your guarantee that all information that you give is accurate, complete and up-to-date. You agree to pay all costs that are incurred by users of your account, credit card or other payment methods, and that you shall pay the prices in force at the moment you buy the products. You are also responsible for paying taxes and charges (other than VAT) that may be applicable to your purchase. The prices on the site are in Euro and include VAT.
ARTICLE 28 – Letters, questions, comments and reviews
You acknowledge and agree that by sending Sunware your questions, comments and/or product reviews (from Sunware products or products of other brands), in writing or by e-mail, you give irrevocable consent to use, display, reproduce, publish, broadcast, modify, adapt, distribute, translate, and pass this on (as a whole or a part of it) and/or to include it as part of other work, free of charge, at any time, without exception, worldwide, in any form, through any medium or technology now known or developed afterwards, and that for the entire term of any existing copyright on the material. In addition, in guarantee that, by sending material to Sunware, you are entitled to and are allowed to grant and to transfer such rights and that the material you send does not violate rights of any third party, including, but not limited to, copyright, trademark or any other intellectual property right or any right to protection of privacy.
ARTICLE 29 – Use of passwords
The use of any password protected part of the site, is reserved exclusively to the person who has permission and a password to log in on such a part of the site (the “Authorized Party”). The password is non-transferable and the Authorized Party is responsible for any damage of any nature whatsoever that could result in damage suffered by Sunware as a result of the (intentionally or unintentionally) distribution or sharing of his or her password.
ARTICLE 30 – Changes
Sunware has the right to at any time (1) modify these terms and conditions, (2) change the site, including the removal or termination of any content or any aspect of the site, adjusting the hours that the site is available, limiting how often this may be used, and (3) to change (subscription) costs for the use of this site, including the establishment of new or additional fees for the use of the site or related services or aspects. These terms and conditions may be changed at any time by Sunware by publishing the amended terms on the site. Continued use of the site after we have published these changes, means that you agree with these changes.
ARTICLE 31 – Miscellaneous
Dutch law is applicable to these terms and conditions and all agreements to which these terms and conditions apply and you agree with and explicitly express your choice of the applicability of Dutch law. Each party to a contract to which these general terms and conditions apply, agree that any disputes arising out of or relating to such an agreement, and that are not solved after any involvement of the Geschillencommissie as stated in article 15, shall only be settled by the District Court of Amsterdam and irrevocably promises not to dispute the jurisdiction or object to this Court. If any (stipulation of such) agreement must be enforced, the correct party shall be entitled to a reimbursement of the costs of a trial and reasonable costs for legal assistance. If any provision of these terms and conditions should be rendered void or unenforceable by a court or other competent authority, such a provision shall expire or be limited but only to the extent that it is necessary and in such a way that the other provisions of the agreement shall remain enforceable. Prior or contemporaneous written or oral agreements that may possibly be in place, lapse if an agreement is entered into to which these general terms and conditions apply; in that case only these conditions apply. A single statement of waiver of rights by any party in respect of rights or claims based on breach or failure by the other party cannot be considered as waiver of rights in respect of any earlier or later or subsequent breach or default. Each title, paragraph title or each heading in these conditions are there solely for the sake of clarity and is in no way an explanation or definition of a paragraph, text, or condition that is described therein.
General Terms and Conditions Sunware BV
Because of the joining of Sunware with the Stichting Webshop Keurmerk, the General Terms and Conditions, which the Foundation operates, shall apply. Additional terms that are specific to Sunware are included in articles 19 to 31. The Sunware web shop uses these General Terms and Conditions.
If you use this website (hereinafter also: site) you agree with the following terms and conditions and you agree that these terms and conditions form part of any agreement that you enter into with Sunware. These terms and conditions apply to the use of our website(s), every order you place with us, on every purchase you make through our website(s) and on any agreement that you may enter into with Sunware. (hereinafter referred to as: “Sunware”).
CONTENT
ARTICLE 1 – Definitions
ARTICLE 2 – Identity of the entrepreneur
ARTICLE 3 – Applicability
ARTICLE 4 – The range
ARTICLE 5 – The Agreement
ARTICLE 6 – Right of withdrawal
ARTICLE 7 – Costs in case of withdrawal
ARTICLE 8 – Exclusion of the Right of withdrawal
ARTICLE 9 – The Price
ARTICLE 10 – Conformity and Guarantee
ARTICLE 11 – Supply and execution
ARTICLE 12 – Duration, cancellation and renewal
ARTICLE 13 – Payment
ARTICLE 14 – Complaints procedure
ARTICLE 15 – Disputes
ARTICLE 16 – Industry guarantee
ARTICLE 17 – Additional or different terms and conditions
ARTICLE 18 – Changing the General Terms and Conditions Webshop Keurmerk
Supplementary Sunware stipulations
ARTICLE 19 – Intellectual property rights
ARTICLE 20 – Disclaimer for products and/or advice
ARTICLE 21 – Disclaimer for information and/or recommendations
ARTICLE 22 – Disclaimer for guarantees
ARTICLE 23 – No approval
ARTICLE 24 – Void if illegal
ARTICLE 25 – Code of conduct
ARTICLE 26 – Indemnification
ARTICLE 27 – Purchases
ARTICLE 28 – Letters, questions, comments and reviews
ARTICLE 29 – Use of passwords
ARTICLE 30 – Changes
ARTICLE 31 – Miscellaneous
ARTICLE 1 – Definitions
In these Conditions is understood under:
Grace period: The period within which the consumer can exercise his right of withdrawal;
Consumer: a natural person not acting by virtue of a profession or business and who enters into a remote contract with the entrepreneur;
Day: calendar day;
Transaction Duration: a distance agreement concerning a series of products and/or services, of which the supply and / or purchase obligation is spread over time;
Long-term data carrier: Any means that enables the consumer or operator to store information directed to him personally in such a way that facilitates future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the ability of the consumer to withdraw from the distance contract within the waiting period;
Entrepreneur: the natural or legal person who is affiliated with the Stichting Webshop Keurmerk and who offers products and/or services to consumers on-line;
Distance contract: means an agreement where only one or more means of distance communication is used in the framework of a system organized by the entrepreneur for distance selling of products and/or services, until the conclusion of the agreement;
Technology for distance communication: a means that can be used to conclude a contract, without the consumer and trader being in the same room;
ARTICLE 2 – Identity of the entrepreneur
Sunware BV
Kranenberg 10
5047 TR Tilburg
T: (Monday to Friday 09h00 – 16h30)
E: klantenservice@sunware.nl
CoC number: 18021519
VAT Identification number: NL004 584 715 B02
ARTICLE 3 – Applicability
These general conditions apply to any Offer from the Entrepreneur and to any remotely established Agreement between the Entrepreneur and Consumer
Before the distance agreement is concluded, the text of these general conditions will be made available to the Consumer. If this is not reasonably possible, it will be indicated before the remote agreement is concluded that the general conditions can be inspected at the Entrepreneur, and can be sent free of charge as soon as possible upon request from the Consumer.
If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available to the user electronically in such a way that they can be stored by the Consumer in a simple way and on a durable medium. If this is not reasonably possible, it will be indicated before the agreement is concluded where the general conditions can be allocated in electronic form and that they will be sent free of charge upon request from the Consumer, electronically or otherwise.
In the event that specific product or service requirements also apply in addition to these general conditions, the second and third paragraph shall apply and the Consumer may, in case of conflicting terms always rely on the applicable provision that is most favourable to him.
ARTICLE 4 – The range
If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products and/or services offered. Obvious mistakes or obvious errors in the offer shall be binding on the entrepreneur.
Every offer will contain such information that it is clear what the rights and obligations of consumers are, associated with the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible cost of delivery;
how the agreement will be achieved and what actions are required;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the Agreement;
the deadline for acceptance of the offer, or the period in which the entrepreneur guarantees the price;
the value of the rate for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the regular rate for the means of communication;
whether the contract is filed after conclusion, and if so, how the consumer can consult it;
the way in which the consumer can, before the conclusion of the agreement, inspect the information provided under the agreement and if required, rectify these;
any other languages, including Dutch, in which the contract may be concluded;
The code of conduct to which the Entrepreneur has submitted and the way the consumer can consult these Codes of Conduct electronically;
and the minimum duration of the distance agreement in case of an Extended Transaction.
ARTICLE 5 – The Agreement
The Agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance by the Consumer of the Offer and complying with the corresponding conditions.
If the Consumer has accepted the offer electronically, the entrepreneur will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the Entrepreneur, the consumer may terminate the Agreement.
If the Agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and create a secure web environment. If the consumer can pay electronically, the Entrepreneur shall observe appropriate security measures for this purpose.
The entrepreneur may – within legal limits – inform whether the user is able to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance Agreement. If the Entrepreneur is justified under this investigation not to enter into the agreement, he is lawfully entitled to refuse an order or application or to bind its implementation to special conditions.
The Entrepreneur will send the following information of the product or service to the Consumer, in writing and in such a manner that it can be stored in an accessible manner by the consumer, on a durable medium:
The address of the establishment of the Entrepreneur where the Consumer can address his complaints;
the conditions under which and the manner in which the Consumer can exercise the withdrawal right, or make a clear statement regarding the exclusion of the Right of Withdrawal
information about guarantees and after sales service;
the data included in article 4 paragraph 3 of these conditions, except if the Entrepreneur has already provided this information to the Consumer prior to the execution of the Agreement
the requirements for terminating the Agreement if the Agreement has a duration of more than one year or for an indefinite period
In case of an extended transaction, the stipulation in the previous paragraph applies only to the first delivery.
ARTICLE 6 – Right of withdrawal
As a consumer, you have the right to return any items purchased within 14 days without reason. This period allows you to evaluate the product to ensure it meets your requirements.
To exercise the right to cancel, you must inform us Sunware, Kranenberg 10, 5047 TR, Tilburg, klantenservice@sunware.nl, 003113-570 3200, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
This evaluation 14 days begins:
– From the date received.
– For multiple items in one order and delivered separately: when the order has been completely received.
– If an article consists of different parts: when the last part has be received.
To return your item please ensure you:
– Return the product to the return address below.
– Include a copy of the invoice received with your order.
– Indication the reasons for the return. As a consumer, you have the right to return any items purchased within 14 days without reason. This period allows you to evaluate the product to ensure it meets your requirements.
To exercise the right to cancel, you must inform us Sunware, Kranenberg 10, 5047 TR, Tilburg, klantenservice@sunware.nl, 003113-570 3200, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
This evaluation 14 days begins:
– From the date received.
– For multiple items in one order and delivered separately: when the order has been completely received.
– If an article consists of different parts: when the last part has be received.
To return your item please ensure you:
– Return the product to the return address below.
– Include a copy of the invoice received with your order.
– Indication the reasons for the return.
ARTICLE 7 – Costs in case of withdrawal
If the Consumer exercises his right of withdrawal, at least the cost of returning the goods will be borne by him
If the Consumer has paid an amount, the Entrepreneur will refund this amount as soon as possible but no later than 14 days after the return or cancellation.
ARTICLE 8 – Exclusion of the Right of withdrawal
The entrepreneur can exclude the right of withdrawal by the consumer as far as provided for in paragraph 2 and 3. The exclusion of the right of withdrawal is valid only if the entrepreneur has clearly mentioned this in the offer, at least in time before the conclusion of the agreement.
The exclusion of the right of withdrawal is only possible for products which have been created by the Entrepreneur’ based on the specifications of the Consumer that are clearly personal in nature which can not be returned due to their nature which can spoil or age quickly which price depends on fluctuations in the financial market over which the trader has no influence
for individual newspapers and magazines for audio and video recordings and computer software for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
Related to accommodation, transport, catering or leisure activities to be carried out on a given date or during a specified period
The supply of which has started with the explicit consent of the consumer before the withdrawal period has expired
On betting and lotteries
ARTICLE 9 – The Price
During the period mentioned in the offer, the prices of the offered products and/or services are not increased, except for price changes due to changes in VAT rates.
In deviation from the preceding paragraph, the Entrepreneur may offer the Products or Services of which the prices are subject to fluctuations in the financial market and on which the Entrepreneur has no control, at variable prices. These fluctuations and the fact that any indicated prices are target prices, are mentioned with the deal.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed and:
They are the result of statutory regulations or provisions;
or the consumer has the power to terminate the contract on the day on which the price increase takes effect.
The prices listed in the offer of products or services include VAT.
ARTICLE 10 – Conformity and Guarantee
The Entrepreneur guarantees that the products and/or services meet the specifications stated in the Offer, the reasonable requirements of reliability and/or usability and legal provisions and/or Government regulations existing on the date of the conclusion of the agreement. If agreed, the Entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee issued by the Entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can have on the Entrepreneur under the Agreement.
ARTICLE 11 – Supply and execution
The Entrepreneur will take the greatest possible care when receiving and implementing orders for Products and in the assessment of applications for the provision of services.
The place of delivery is the address the Consumer provided to the company.
Subject to what is known about this in article 4 of these Terms and Conditions, the Company will carry out accepted orders within 14 days unless a longer delivery term has been agreed on. If the delivery is delayed, or if an order is not or only partially carried out, the Consumer will be informed at least 14 days after the order was placed. The consumer in this case has the right to terminate the Agreement without penalty.
In case of dissolution in accordance with the previous paragraph, the Entrepreneur will refund the amount the User paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the Entrepreneur will attempt to make a replacement article available. A notification will be made in a clear and comprehensible manner that a replacement article is delivered at the latest at the time of delivery. The right of withdrawal cannot be ruled out with substitute items. The costs of any return shipment shall be borne by the Entrepreneur.
The risk of damage and/or loss of products rests with the Entrepreneur up to the moment of delivery to the Consumer or a pre-designated representative known to the Entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 – Duration, cancellation and renewal
Cancellation
The consumer may at any time terminate the agreement for an indefinite period, which extends to the regular delivery of products (including electricity) or services, considering the applicable termination rules and a notice of up to one month.
The consumer may at any time terminate the agreement for a fixed period, which extends to the regular delivery of products (including electricity) or services, at the end of the fixed period considering the applicable termination rules and a notice of up to one month.
Concerning the agreements mentioned in the previous paragraphs, the consumer can:
cancel them at any time and not be limited to cancellation at a specific time or in a given period;
cancel at least in the same way as at was entered into by him;
always cancel with the same notice period as the entrepreneur has negotiated for itself.
Extension
A contract entered for a definite period, which extends to the regular delivery of products (including electricity) or services, should not be extended or renewed tacitly for a fixed duration.
By way of derogation from the previous paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines may be extended tacitly for a fixed period of up to three months, if the consumer may cancel this extended agreement by the end of the extension with up to one month’s notice.
A contract entered for a definite period, which extends to the regular delivery of products or services, shall only be extended tacitly for an indefinite period if the consumer may cancel at any time with a notice period of one month and a notice of up to three months in case the agreement extends to the regular delivery, but less than once a month, of daily papers, newspapers, and weekly papers and magazines.
An agreement with limited duration on the arranged introductory delivery of daily papers, newspapers and weekly papers and magazines (trial or introductory subscription) is not continued tacitly and ends automatically at the end of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after a year with a notice of up to a month, unless reasonableness and fairness itself opposes cancellation before the end of the agreed duration.
ARTICLE 13 – Payment
Unless otherwise agreed, the amounts due by the Consumer is to be paid within 14 days after the start of the withdrawal period referred to in article 6 (1). In the case of a contract on the provision of a service, this term commences after the Consumer has received the confirmation of the agreement.
When selling products to consumers, the General Terms and Conditions shall never stipulate an advance payment in excess of 50%. When a deposit is agreed on, the consumer may not assert any rights regarding the implementation of the order or service(s), before the stipulated advance payment has been made.
The Consumer has the duty to report inaccuracies in provided or stated payment data to the Entrepreneur without delay.
In case of non-payment by the consumer, the Entrepreneur has the right to charge the consumer with all reasonable costs, subject to statutory limitations.
ARTICLE 14 – Complaints procedure
The entrepreneur has a well-publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
Complaints about the execution of the Agreement should be submitted to the Entrepreneur, fully and clearly described, once the Consumer has discovered the flaws.
Complaints submitted with the Entrepreneur will be dealt with within a period of 14 days from the date of receipt. If a complaint requires an anticipated longer processing time, the Entrepreneur replies within a period of 14 days with a message of receipt and indicating when the Consumer can expect a more detailed answer.
A complaint over a product, service or the entrepreneur’s services can also be submitted in a complaints form of the website of the Stichting Webshop Keurmerk www.keurmerk.info. The complaint is then sent to the relevant entrepreneur and the Stichting Webshop Keurmerk.
If the complaint cannot be solved in joint consultation, a dispute arises that qualifies for the dispute clause.
ARTICLE 15 – Disputes
Only Dutch law applies to agreements between the Entrepreneur and the Consumer to which these general conditions relate to.
Disputes between the consumer and the entrepreneur on the establishment or execution of agreements concerning goods and or services to be supplied by this entrepreneur, can, in consideration of the following, be submitted to the Geschillencommissie (Dispute Commission) Webshop Keurmerk by both the consumer and the entrepreneur via info@keurmerk.info. Geschillencommissie Webshop, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
A dispute is only dealt with by the Geschillencommissie if the consumer has submitted his complaint to the entrepreneur in good time.
The dispute must be submitted with the Geschillencommissie in writing within three months after the dispute originated.
If the consumer wants to submit a dispute with the Geschillencommissie, the entrepreneur is bound by this choice. If the entrepreneur wants to do so, the consumer shall within five weeks after a written request by the entrepreneur, declare if he also wants this to be done or if he wants the dispute to be treated by the authorised court. If the entrepreneur is not informed of the consumer’s choice within a period of five weeks, the entrepreneur shall be entitled to submit the dispute to the authorised court.
The Geschillencommissie decides subject to the terms and conditions as set out in the Geschillencommissie regulation. The decisions of the Geschillencommissie are handed down as a binding recommendation.
The Geschillencommissie shall not deal with a dispute, or terminate the treatment thereof, if the entrepreneur is granted suspension of payment, is declared bankrupt, or has actually terminated its business activities before a dispute is treated by the committee at the hearing, and a final decision is handed down.
If, besides the Geschillencommissie Webshop, another dispute commission recognised or affiliated to the Stichting Geschillencommissies voor Consumentenzaken (SGC) (Dispute Commission Foundation for Consumer Affairs) or the Klachteninstituut Financiële Dienstverlening (Kifid) (Complaints Institute for Financial Services), only the Geschillencommissie Webshop shall be authorised to deal with disputes mainly concerning the on-line sales or service method. For all other disputes, the SGC or Kifid accredited dispute commission shall apply.
ARTICLE 16 – Industry guarantee
The Stichting Webshop Keurmerk guarantees the fulfilment of the binding opinions of the Geschillencommissie Webshop by its members, unless the Member decides to submit the binding decision to the Court for review, within two months after sending. This guarantee is reinstated if the binding decision, after judicial review, has remained in place and the verdict from which this turns out, enters into res judicata. The amount shall be paid by the Stichting Webshop Keurmerk to the consumer to a maximum amount of €10,000.00 per binding advice. With amounts exceeding €10,000.00 per binding advice, €10,000.00 shall be paid. To cover the excess, the Stichting Webshop Keurmerk has an obligation to make an effort to ensure the member complies with the binding advice
In application of this guarantee, the consumer is required to submit a written request in this regard to the Stichting Webshop Keurmerk and that he transfers his claim on the entrepreneur to the Stichting Webshop Keurmerk. If the claim on the entrepreneur exceeds €10,000.00, the consumer is advised to transfer its claim in as far as it exceeds the amount of€10,000.00, to the Stichting Webshop Keurmerk, following which the organisation will in own name and expense, take legal steps to acquire the payment to the consumer.
ARTICLE 17 – Additional or different terms and conditions
Additional or different terms may not be at the disadvantages of the consumer and should be recorded in writing or in such a way that the consumer can store it in an accessible manner on a durable medium. The additional Sunware stipulations are included in the articles below.
ARTICLE 18 – Changing the General Terms and Conditions Stichting Webshop Keurmerk
The Stichting Webshop Keurmerk shall not amend these General Terms and Conditions unless in discussion with the Consumentenbond.
Amendments to these terms and conditions will only come into effect after they have been published in the appropriate way, on the understanding that with appropriate changes during the term of an offer, the provision that is most favourable to the consumer will prevail.
Supplementary Sunware stipulations
ARTICLE 19 – Intellectual property rights
This website and all on this website, including but not limited to images, text, photographs, designs, icons and illustrations, with the exception of all that which is already protected under an already existing copyright or other intellectual property right, shall be the property of Sunware and/or its owners or (business) partners. Sunware’s prior written permission is required if you want to reproduce, publish, alter, upload, send (by post), distribute or want to make anything from this website public in any way. The trademarks and logos used and depicted on this site, are trademarks of Sunware and others. Nothing on this site can be seen or interpreted as consent, implied or otherwise, to authorization or right to a trademark of or featured on this site, without the prior written permission of the owner of that Trademark. Users may only view and/or download the material from this site for personal, non-commercial private use. Sunware will use all legal possibilities to protect its intellectual property rights. All rights not expressly granted to third parties in these terms and conditions are expressly reserved to Sunware.
ARTICLE 20 – Disclaimer for products and/or advice
All products should be used as shown in the product descriptions on this website. If you are dissatisfied with a product, please let us know as soon as possible. For details, see the terms of our Return policy, an integral part of these terms and conditions.
ARTICLE 21 – Disclaimer for information and/or recommendations
The purpose of this site is to display the ideas and opinions of the author about the marketing, sale and use of household plastic products. The only purpose of the author is giving information to consumers and making recommendations on the purchase of household plastic products. The information and recommendations that are presented here are only a representation of the opinion, ideas and knowledge of the author on the subject and the products that are listed. Everyone has the inalienable right to assess products according to her or his personal criteria and to disagree with the author.
ARTICLE 22 – Disclaimer for guarantees
In addition to the provisions of article 10, the contents of this site is provided ‘as is’ and not a warranty, neither explicitly nor implied. The products that are sold through this site, are sold ‘as is’ and without any warranty, express or implied, other than provided for in article 10, paragraph 1. Warranties are excluded in the broadest sense allowed under the law. Sunware does not guarantee and do not declare that the content of the site, whether entered by Sunware or third parties, is accurate or reliable, or that the site is free of errors or viruses, or that access to and use of the site will not be interrupted and will be safe at all times. You are aware that guarantees that are given on products of a third party which may be described on the site (for example, in the context of reviews of products by third parties), are given only by that party and not by Sunware.
If you are dissatisfied with the site, the only thing you can do, is not to use the site (any more). By using the site you acknowledge that you do so at your own risk. Sunware is not liable for any direct, indirect, incidental, or any other form or type of damage, including all forms of consequential damages, regardless of whether a claim for damages is based on contract, tort or any other basis of liability whatsoever, with respect to the site, the content thereof or the products that are described or sold, even if Sunware has been advised of the possibility of such damages. An exception to the foregoing is formed by damage as a direct result of intent or gross negligence of Sunware. Sunware’s liability shall in all cases be limited to the amount that the user has paid for the purchase of products that are sold on the site, or in the case of a subscription service, any amount paid by the user to be able to use this service for one year.
ARTICLE 23 – No approval
In some cases, the opinions of users of the site are mentioned on the site. It should not be inferred from the mere fact that these opinions are expressed on the site, that Sunware agrees with such views or that Sunware endorses this.
ARTICLE 24 – Void if illegal
Although the site is accessible worldwide, not all products that are described or sold on it are available for everyone or in all geographic areas or jurisdictions. Sunware only offers products and sells only to residents of the European Union and only sends packages to addresses within the European Union. Sunware reserves the right to limit the availability of the site and/or delivering a product and/or the quantity thereof, for any reason, to any person, geographic area or jurisdiction. Any offer for any product that is done on this site, does not apply if that is not allowed. The use of this site is not permitted in any jurisdiction where (1) the extent of these terms and conditions are not valid or (2) the site or part thereof is in violation of any applicable legal provision there.
ARTICLE 25 – Code of conduct
You agree:
not to limit or prevent other users from using this site and its services;
not to share illegal, fraudulent, threatening, offensive, defamatory, obscene or otherwise objectionable or harmful information or materials or information or material that could encourage criminal conduct or could lead to liability or otherwise be in breach of a statutory provision;
not to transfer any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component;
not to transfer any material that violates the intellectual property rights of a third party;
not to use this site for commercial or illegal purposes;
not to change, adapt, translate, resell, reverse engineer, disassemble or rebuild anything on this site.
ARTICLE 26 – Indemnification
You agree to indemnify and protect Sunware against claims, damages and costs (including all reasonable costs of legal assistance that were created in an arbitration proceeding, lawsuit or appeal) which, directly or indirectly, is the result of your violation of any provision of these terms and conditions (including violation of the Code of Conduct) and/or the result of other activities you undertake or have undertaken in connection with this site or the products that are discussed, offered or sold on it. This section shall remain in force after termination, for any reason, of any agreement to which these conditions apply and also after termination of the use of this site.
ARTICLE 27 – Purchases
If you have want to buy products, which are offered on this site, you may be asked to provide certain information, including, but not limited to your credit card information or other payment information. Such information will be kept confidential by Sunware. Your guarantee that all information that you give is accurate, complete and up-to-date. You agree to pay all costs that are incurred by users of your account, credit card or other payment methods, and that you shall pay the prices in force at the moment you buy the products. You are also responsible for paying taxes and charges (other than VAT) that may be applicable to your purchase. The prices on the site are in Euro and include VAT.
ARTICLE 28 – Letters, questions, comments and reviews
You acknowledge and agree that by sending Sunware your questions, comments and/or product reviews (from Sunware products or products of other brands), in writing or by e-mail, you give irrevocable consent to use, display, reproduce, publish, broadcast, modify, adapt, distribute, translate, and pass this on (as a whole or a part of it) and/or to include it as part of other work, free of charge, at any time, without exception, worldwide, in any form, through any medium or technology now known or developed afterwards, and that for the entire term of any existing copyright on the material. In addition, in guarantee that, by sending material to Sunware, you are entitled to and are allowed to grant and to transfer such rights and that the material you send does not violate rights of any third party, including, but not limited to, copyright, trademark or any other intellectual property right or any right to protection of privacy.
ARTICLE 29 – Use of passwords
The use of any password protected part of the site, is reserved exclusively to the person who has permission and a password to log in on such a part of the site (the “Authorized Party”). The password is non-transferable and the Authorized Party is responsible for any damage of any nature whatsoever that could result in damage suffered by Sunware as a result of the (intentionally or unintentionally) distribution or sharing of his or her password.
ARTICLE 30 – Changes
Sunware has the right to at any time (1) modify these terms and conditions, (2) change the site, including the removal or termination of any content or any aspect of the site, adjusting the hours that the site is available, limiting how often this may be used, and (3) to change (subscription) costs for the use of this site, including the establishment of new or additional fees for the use of the site or related services or aspects. These terms and conditions may be changed at any time by Sunware by publishing the amended terms on the site. Continued use of the site after we have published these changes, means that you agree with these changes.
ARTICLE 31 – Miscellaneous
Dutch law is applicable to these terms and conditions and all agreements to which these terms and conditions apply and you agree with and explicitly express your choice of the applicability of Dutch law. Each party to a contract to which these general terms and conditions apply, agree that any disputes arising out of or relating to such an agreement, and that are not solved after any involvement of the Geschillencommissie as stated in article 15, shall only be settled by the District Court of Amsterdam and irrevocably promises not to dispute the jurisdiction or object to this Court. If any (stipulation of such) agreement must be enforced, the correct party shall be entitled to a reimbursement of the costs of a trial and reasonable costs for legal assistance. If any provision of these terms and conditions should be rendered void or unenforceable by a court or other competent authority, such a provision shall expire or be limited but only to the extent that it is necessary and in such a way that the other provisions of the agreement shall remain enforceable. Prior or contemporaneous written or oral agreements that may possibly be in place, lapse if an agreement is entered into to which these general terms and conditions apply; in that case only these conditions apply. A single statement of waiver of rights by any party in respect of rights or claims based on breach or failure by the other party cannot be considered as waiver of rights in respect of any earlier or later or subsequent breach or default. Each title, paragraph title or each heading in these conditions are there solely for the sake of clarity and is in no way an explanation or definition of a paragraph, text, or condition that is described therein.
If you use this website (hereinafter also: site) you agree with the following terms and conditions and you agree that these terms and conditions form part of any agreement that you enter into with Sunware. These terms and conditions apply to the use of our website(s), every order you place with us, on every purchase you make through our website(s) and on any agreement that you may enter into with Sunware. (hereinafter referred to as: “Sunware”).
CONTENT
ARTICLE 1 – Definitions
ARTICLE 2 – Identity of the entrepreneur
ARTICLE 3 – Applicability
ARTICLE 4 – The range
ARTICLE 5 – The Agreement
ARTICLE 6 – Right of withdrawal
ARTICLE 7 – Costs in case of withdrawal
ARTICLE 8 – Exclusion of the Right of withdrawal
ARTICLE 9 – The Price
ARTICLE 10 – Conformity and Guarantee
ARTICLE 11 – Supply and execution
ARTICLE 12 – Duration, cancellation and renewal
ARTICLE 13 – Payment
ARTICLE 14 – Complaints procedure
ARTICLE 15 – Disputes
ARTICLE 16 – Industry guarantee
ARTICLE 17 – Additional or different terms and conditions
ARTICLE 18 – Changing the General Terms and Conditions Webshop Keurmerk
Supplementary Sunware stipulations
ARTICLE 19 – Intellectual property rights
ARTICLE 20 – Disclaimer for products and/or advice
ARTICLE 21 – Disclaimer for information and/or recommendations
ARTICLE 22 – Disclaimer for guarantees
ARTICLE 23 – No approval
ARTICLE 24 – Void if illegal
ARTICLE 25 – Code of conduct
ARTICLE 26 – Indemnification
ARTICLE 27 – Purchases
ARTICLE 28 – Letters, questions, comments and reviews
ARTICLE 29 – Use of passwords
ARTICLE 30 – Changes
ARTICLE 31 – Miscellaneous
ARTICLE 1 – Definitions
In these Conditions is understood under:
Grace period: The period within which the consumer can exercise his right of withdrawal;
Consumer: a natural person not acting by virtue of a profession or business and who enters into a remote contract with the entrepreneur;
Day: calendar day;
Transaction Duration: a distance agreement concerning a series of products and/or services, of which the supply and / or purchase obligation is spread over time;
Long-term data carrier: Any means that enables the consumer or operator to store information directed to him personally in such a way that facilitates future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the ability of the consumer to withdraw from the distance contract within the waiting period;
Entrepreneur: the natural or legal person who is affiliated with the Stichting Webshop Keurmerk and who offers products and/or services to consumers on-line;
Distance contract: means an agreement where only one or more means of distance communication is used in the framework of a system organized by the entrepreneur for distance selling of products and/or services, until the conclusion of the agreement;
Technology for distance communication: a means that can be used to conclude a contract, without the consumer and trader being in the same room;
ARTICLE 2 – Identity of the entrepreneur
Sunware BV
Kranenberg 10
5047 TR Tilburg
T: (Monday to Friday 09h00 – 16h30)
E: klantenservice@sunware.nl
CoC number: 18021519
VAT Identification number: NL004 584 715 B02
ARTICLE 3 – Applicability
These general conditions apply to any Offer from the Entrepreneur and to any remotely established Agreement between the Entrepreneur and Consumer
Before the distance agreement is concluded, the text of these general conditions will be made available to the Consumer. If this is not reasonably possible, it will be indicated before the remote agreement is concluded that the general conditions can be inspected at the Entrepreneur, and can be sent free of charge as soon as possible upon request from the Consumer.
If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available to the user electronically in such a way that they can be stored by the Consumer in a simple way and on a durable medium. If this is not reasonably possible, it will be indicated before the agreement is concluded where the general conditions can be allocated in electronic form and that they will be sent free of charge upon request from the Consumer, electronically or otherwise.
In the event that specific product or service requirements also apply in addition to these general conditions, the second and third paragraph shall apply and the Consumer may, in case of conflicting terms always rely on the applicable provision that is most favourable to him.
ARTICLE 4 – The range
If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products and/or services offered. Obvious mistakes or obvious errors in the offer shall be binding on the entrepreneur.
Every offer will contain such information that it is clear what the rights and obligations of consumers are, associated with the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible cost of delivery;
how the agreement will be achieved and what actions are required;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the Agreement;
the deadline for acceptance of the offer, or the period in which the entrepreneur guarantees the price;
the value of the rate for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the regular rate for the means of communication;
whether the contract is filed after conclusion, and if so, how the consumer can consult it;
the way in which the consumer can, before the conclusion of the agreement, inspect the information provided under the agreement and if required, rectify these;
any other languages, including Dutch, in which the contract may be concluded;
The code of conduct to which the Entrepreneur has submitted and the way the consumer can consult these Codes of Conduct electronically;
and the minimum duration of the distance agreement in case of an Extended Transaction.
ARTICLE 5 – The Agreement
The Agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance by the Consumer of the Offer and complying with the corresponding conditions.
If the Consumer has accepted the offer electronically, the entrepreneur will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the Entrepreneur, the consumer may terminate the Agreement.
If the Agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and create a secure web environment. If the consumer can pay electronically, the Entrepreneur shall observe appropriate security measures for this purpose.
The entrepreneur may – within legal limits – inform whether the user is able to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance Agreement. If the Entrepreneur is justified under this investigation not to enter into the agreement, he is lawfully entitled to refuse an order or application or to bind its implementation to special conditions.
The Entrepreneur will send the following information of the product or service to the Consumer, in writing and in such a manner that it can be stored in an accessible manner by the consumer, on a durable medium:
The address of the establishment of the Entrepreneur where the Consumer can address his complaints;
the conditions under which and the manner in which the Consumer can exercise the withdrawal right, or make a clear statement regarding the exclusion of the Right of Withdrawal
information about guarantees and after sales service;
the data included in article 4 paragraph 3 of these conditions, except if the Entrepreneur has already provided this information to the Consumer prior to the execution of the Agreement
the requirements for terminating the Agreement if the Agreement has a duration of more than one year or for an indefinite period
In case of an extended transaction, the stipulation in the previous paragraph applies only to the first delivery.
ARTICLE 6 – Right of withdrawal
As a consumer, you have the right to return any items purchased within 14 days without reason. This period allows you to evaluate the product to ensure it meets your requirements.
To exercise the right to cancel, you must inform us Sunware, Kranenberg 10, 5047 TR, Tilburg, klantenservice@sunware.nl, 003113-570 3200, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
This evaluation 14 days begins:
– From the date received.
– For multiple items in one order and delivered separately: when the order has been completely received.
– If an article consists of different parts: when the last part has be received.
To return your item please ensure you:
– Return the product to the return address below.
– Include a copy of the invoice received with your order.
– Indication the reasons for the return. As a consumer, you have the right to return any items purchased within 14 days without reason. This period allows you to evaluate the product to ensure it meets your requirements.
To exercise the right to cancel, you must inform us Sunware, Kranenberg 10, 5047 TR, Tilburg, klantenservice@sunware.nl, 003113-570 3200, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
This evaluation 14 days begins:
– From the date received.
– For multiple items in one order and delivered separately: when the order has been completely received.
– If an article consists of different parts: when the last part has be received.
To return your item please ensure you:
– Return the product to the return address below.
– Include a copy of the invoice received with your order.
– Indication the reasons for the return.
ARTICLE 7 – Costs in case of withdrawal
If the Consumer exercises his right of withdrawal, at least the cost of returning the goods will be borne by him
If the Consumer has paid an amount, the Entrepreneur will refund this amount as soon as possible but no later than 14 days after the return or cancellation.
ARTICLE 8 – Exclusion of the Right of withdrawal
The entrepreneur can exclude the right of withdrawal by the consumer as far as provided for in paragraph 2 and 3. The exclusion of the right of withdrawal is valid only if the entrepreneur has clearly mentioned this in the offer, at least in time before the conclusion of the agreement.
The exclusion of the right of withdrawal is only possible for products which have been created by the Entrepreneur’ based on the specifications of the Consumer that are clearly personal in nature which can not be returned due to their nature which can spoil or age quickly which price depends on fluctuations in the financial market over which the trader has no influence
for individual newspapers and magazines for audio and video recordings and computer software for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
Related to accommodation, transport, catering or leisure activities to be carried out on a given date or during a specified period
The supply of which has started with the explicit consent of the consumer before the withdrawal period has expired
On betting and lotteries
ARTICLE 9 – The Price
During the period mentioned in the offer, the prices of the offered products and/or services are not increased, except for price changes due to changes in VAT rates.
In deviation from the preceding paragraph, the Entrepreneur may offer the Products or Services of which the prices are subject to fluctuations in the financial market and on which the Entrepreneur has no control, at variable prices. These fluctuations and the fact that any indicated prices are target prices, are mentioned with the deal.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed and:
They are the result of statutory regulations or provisions;
or the consumer has the power to terminate the contract on the day on which the price increase takes effect.
The prices listed in the offer of products or services include VAT.
ARTICLE 10 – Conformity and Guarantee
The Entrepreneur guarantees that the products and/or services meet the specifications stated in the Offer, the reasonable requirements of reliability and/or usability and legal provisions and/or Government regulations existing on the date of the conclusion of the agreement. If agreed, the Entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee issued by the Entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can have on the Entrepreneur under the Agreement.
ARTICLE 11 – Supply and execution
The Entrepreneur will take the greatest possible care when receiving and implementing orders for Products and in the assessment of applications for the provision of services.
The place of delivery is the address the Consumer provided to the company.
Subject to what is known about this in article 4 of these Terms and Conditions, the Company will carry out accepted orders within 14 days unless a longer delivery term has been agreed on. If the delivery is delayed, or if an order is not or only partially carried out, the Consumer will be informed at least 14 days after the order was placed. The consumer in this case has the right to terminate the Agreement without penalty.
In case of dissolution in accordance with the previous paragraph, the Entrepreneur will refund the amount the User paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the Entrepreneur will attempt to make a replacement article available. A notification will be made in a clear and comprehensible manner that a replacement article is delivered at the latest at the time of delivery. The right of withdrawal cannot be ruled out with substitute items. The costs of any return shipment shall be borne by the Entrepreneur.
The risk of damage and/or loss of products rests with the Entrepreneur up to the moment of delivery to the Consumer or a pre-designated representative known to the Entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 – Duration, cancellation and renewal
Cancellation
The consumer may at any time terminate the agreement for an indefinite period, which extends to the regular delivery of products (including electricity) or services, considering the applicable termination rules and a notice of up to one month.
The consumer may at any time terminate the agreement for a fixed period, which extends to the regular delivery of products (including electricity) or services, at the end of the fixed period considering the applicable termination rules and a notice of up to one month.
Concerning the agreements mentioned in the previous paragraphs, the consumer can:
cancel them at any time and not be limited to cancellation at a specific time or in a given period;
cancel at least in the same way as at was entered into by him;
always cancel with the same notice period as the entrepreneur has negotiated for itself.
Extension
A contract entered for a definite period, which extends to the regular delivery of products (including electricity) or services, should not be extended or renewed tacitly for a fixed duration.
By way of derogation from the previous paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines may be extended tacitly for a fixed period of up to three months, if the consumer may cancel this extended agreement by the end of the extension with up to one month’s notice.
A contract entered for a definite period, which extends to the regular delivery of products or services, shall only be extended tacitly for an indefinite period if the consumer may cancel at any time with a notice period of one month and a notice of up to three months in case the agreement extends to the regular delivery, but less than once a month, of daily papers, newspapers, and weekly papers and magazines.
An agreement with limited duration on the arranged introductory delivery of daily papers, newspapers and weekly papers and magazines (trial or introductory subscription) is not continued tacitly and ends automatically at the end of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after a year with a notice of up to a month, unless reasonableness and fairness itself opposes cancellation before the end of the agreed duration.
ARTICLE 13 – Payment
Unless otherwise agreed, the amounts due by the Consumer is to be paid within 14 days after the start of the withdrawal period referred to in article 6 (1). In the case of a contract on the provision of a service, this term commences after the Consumer has received the confirmation of the agreement.
When selling products to consumers, the General Terms and Conditions shall never stipulate an advance payment in excess of 50%. When a deposit is agreed on, the consumer may not assert any rights regarding the implementation of the order or service(s), before the stipulated advance payment has been made.
The Consumer has the duty to report inaccuracies in provided or stated payment data to the Entrepreneur without delay.
In case of non-payment by the consumer, the Entrepreneur has the right to charge the consumer with all reasonable costs, subject to statutory limitations.
ARTICLE 14 – Complaints procedure
The entrepreneur has a well-publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
Complaints about the execution of the Agreement should be submitted to the Entrepreneur, fully and clearly described, once the Consumer has discovered the flaws.
Complaints submitted with the Entrepreneur will be dealt with within a period of 14 days from the date of receipt. If a complaint requires an anticipated longer processing time, the Entrepreneur replies within a period of 14 days with a message of receipt and indicating when the Consumer can expect a more detailed answer.
A complaint over a product, service or the entrepreneur’s services can also be submitted in a complaints form of the website of the Stichting Webshop Keurmerk www.keurmerk.info. The complaint is then sent to the relevant entrepreneur and the Stichting Webshop Keurmerk.
If the complaint cannot be solved in joint consultation, a dispute arises that qualifies for the dispute clause.
ARTICLE 15 – Disputes
Only Dutch law applies to agreements between the Entrepreneur and the Consumer to which these general conditions relate to.
Disputes between the consumer and the entrepreneur on the establishment or execution of agreements concerning goods and or services to be supplied by this entrepreneur, can, in consideration of the following, be submitted to the Geschillencommissie (Dispute Commission) Webshop Keurmerk by both the consumer and the entrepreneur via info@keurmerk.info. Geschillencommissie Webshop, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
A dispute is only dealt with by the Geschillencommissie if the consumer has submitted his complaint to the entrepreneur in good time.
The dispute must be submitted with the Geschillencommissie in writing within three months after the dispute originated.
If the consumer wants to submit a dispute with the Geschillencommissie, the entrepreneur is bound by this choice. If the entrepreneur wants to do so, the consumer shall within five weeks after a written request by the entrepreneur, declare if he also wants this to be done or if he wants the dispute to be treated by the authorised court. If the entrepreneur is not informed of the consumer’s choice within a period of five weeks, the entrepreneur shall be entitled to submit the dispute to the authorised court.
The Geschillencommissie decides subject to the terms and conditions as set out in the Geschillencommissie regulation. The decisions of the Geschillencommissie are handed down as a binding recommendation.
The Geschillencommissie shall not deal with a dispute, or terminate the treatment thereof, if the entrepreneur is granted suspension of payment, is declared bankrupt, or has actually terminated its business activities before a dispute is treated by the committee at the hearing, and a final decision is handed down.
If, besides the Geschillencommissie Webshop, another dispute commission recognised or affiliated to the Stichting Geschillencommissies voor Consumentenzaken (SGC) (Dispute Commission Foundation for Consumer Affairs) or the Klachteninstituut Financiële Dienstverlening (Kifid) (Complaints Institute for Financial Services), only the Geschillencommissie Webshop shall be authorised to deal with disputes mainly concerning the on-line sales or service method. For all other disputes, the SGC or Kifid accredited dispute commission shall apply.
ARTICLE 16 – Industry guarantee
The Stichting Webshop Keurmerk guarantees the fulfilment of the binding opinions of the Geschillencommissie Webshop by its members, unless the Member decides to submit the binding decision to the Court for review, within two months after sending. This guarantee is reinstated if the binding decision, after judicial review, has remained in place and the verdict from which this turns out, enters into res judicata. The amount shall be paid by the Stichting Webshop Keurmerk to the consumer to a maximum amount of €10,000.00 per binding advice. With amounts exceeding €10,000.00 per binding advice, €10,000.00 shall be paid. To cover the excess, the Stichting Webshop Keurmerk has an obligation to make an effort to ensure the member complies with the binding advice
In application of this guarantee, the consumer is required to submit a written request in this regard to the Stichting Webshop Keurmerk and that he transfers his claim on the entrepreneur to the Stichting Webshop Keurmerk. If the claim on the entrepreneur exceeds €10,000.00, the consumer is advised to transfer its claim in as far as it exceeds the amount of€10,000.00, to the Stichting Webshop Keurmerk, following which the organisation will in own name and expense, take legal steps to acquire the payment to the consumer.
ARTICLE 17 – Additional or different terms and conditions
Additional or different terms may not be at the disadvantages of the consumer and should be recorded in writing or in such a way that the consumer can store it in an accessible manner on a durable medium. The additional Sunware stipulations are included in the articles below.
ARTICLE 18 – Changing the General Terms and Conditions Stichting Webshop Keurmerk
The Stichting Webshop Keurmerk shall not amend these General Terms and Conditions unless in discussion with the Consumentenbond.
Amendments to these terms and conditions will only come into effect after they have been published in the appropriate way, on the understanding that with appropriate changes during the term of an offer, the provision that is most favourable to the consumer will prevail.
Supplementary Sunware stipulations
ARTICLE 19 – Intellectual property rights
This website and all on this website, including but not limited to images, text, photographs, designs, icons and illustrations, with the exception of all that which is already protected under an already existing copyright or other intellectual property right, shall be the property of Sunware and/or its owners or (business) partners. Sunware’s prior written permission is required if you want to reproduce, publish, alter, upload, send (by post), distribute or want to make anything from this website public in any way. The trademarks and logos used and depicted on this site, are trademarks of Sunware and others. Nothing on this site can be seen or interpreted as consent, implied or otherwise, to authorization or right to a trademark of or featured on this site, without the prior written permission of the owner of that Trademark. Users may only view and/or download the material from this site for personal, non-commercial private use. Sunware will use all legal possibilities to protect its intellectual property rights. All rights not expressly granted to third parties in these terms and conditions are expressly reserved to Sunware.
ARTICLE 20 – Disclaimer for products and/or advice
All products should be used as shown in the product descriptions on this website. If you are dissatisfied with a product, please let us know as soon as possible. For details, see the terms of our Return policy, an integral part of these terms and conditions.
ARTICLE 21 – Disclaimer for information and/or recommendations
The purpose of this site is to display the ideas and opinions of the author about the marketing, sale and use of household plastic products. The only purpose of the author is giving information to consumers and making recommendations on the purchase of household plastic products. The information and recommendations that are presented here are only a representation of the opinion, ideas and knowledge of the author on the subject and the products that are listed. Everyone has the inalienable right to assess products according to her or his personal criteria and to disagree with the author.
ARTICLE 22 – Disclaimer for guarantees
In addition to the provisions of article 10, the contents of this site is provided ‘as is’ and not a warranty, neither explicitly nor implied. The products that are sold through this site, are sold ‘as is’ and without any warranty, express or implied, other than provided for in article 10, paragraph 1. Warranties are excluded in the broadest sense allowed under the law. Sunware does not guarantee and do not declare that the content of the site, whether entered by Sunware or third parties, is accurate or reliable, or that the site is free of errors or viruses, or that access to and use of the site will not be interrupted and will be safe at all times. You are aware that guarantees that are given on products of a third party which may be described on the site (for example, in the context of reviews of products by third parties), are given only by that party and not by Sunware.
If you are dissatisfied with the site, the only thing you can do, is not to use the site (any more). By using the site you acknowledge that you do so at your own risk. Sunware is not liable for any direct, indirect, incidental, or any other form or type of damage, including all forms of consequential damages, regardless of whether a claim for damages is based on contract, tort or any other basis of liability whatsoever, with respect to the site, the content thereof or the products that are described or sold, even if Sunware has been advised of the possibility of such damages. An exception to the foregoing is formed by damage as a direct result of intent or gross negligence of Sunware. Sunware’s liability shall in all cases be limited to the amount that the user has paid for the purchase of products that are sold on the site, or in the case of a subscription service, any amount paid by the user to be able to use this service for one year.
ARTICLE 23 – No approval
In some cases, the opinions of users of the site are mentioned on the site. It should not be inferred from the mere fact that these opinions are expressed on the site, that Sunware agrees with such views or that Sunware endorses this.
ARTICLE 24 – Void if illegal
Although the site is accessible worldwide, not all products that are described or sold on it are available for everyone or in all geographic areas or jurisdictions. Sunware only offers products and sells only to residents of the European Union and only sends packages to addresses within the European Union. Sunware reserves the right to limit the availability of the site and/or delivering a product and/or the quantity thereof, for any reason, to any person, geographic area or jurisdiction. Any offer for any product that is done on this site, does not apply if that is not allowed. The use of this site is not permitted in any jurisdiction where (1) the extent of these terms and conditions are not valid or (2) the site or part thereof is in violation of any applicable legal provision there.
ARTICLE 25 – Code of conduct
You agree:
not to limit or prevent other users from using this site and its services;
not to share illegal, fraudulent, threatening, offensive, defamatory, obscene or otherwise objectionable or harmful information or materials or information or material that could encourage criminal conduct or could lead to liability or otherwise be in breach of a statutory provision;
not to transfer any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component;
not to transfer any material that violates the intellectual property rights of a third party;
not to use this site for commercial or illegal purposes;
not to change, adapt, translate, resell, reverse engineer, disassemble or rebuild anything on this site.
ARTICLE 26 – Indemnification
You agree to indemnify and protect Sunware against claims, damages and costs (including all reasonable costs of legal assistance that were created in an arbitration proceeding, lawsuit or appeal) which, directly or indirectly, is the result of your violation of any provision of these terms and conditions (including violation of the Code of Conduct) and/or the result of other activities you undertake or have undertaken in connection with this site or the products that are discussed, offered or sold on it. This section shall remain in force after termination, for any reason, of any agreement to which these conditions apply and also after termination of the use of this site.
ARTICLE 27 – Purchases
If you have want to buy products, which are offered on this site, you may be asked to provide certain information, including, but not limited to your credit card information or other payment information. Such information will be kept confidential by Sunware. Your guarantee that all information that you give is accurate, complete and up-to-date. You agree to pay all costs that are incurred by users of your account, credit card or other payment methods, and that you shall pay the prices in force at the moment you buy the products. You are also responsible for paying taxes and charges (other than VAT) that may be applicable to your purchase. The prices on the site are in Euro and include VAT.
ARTICLE 28 – Letters, questions, comments and reviews
You acknowledge and agree that by sending Sunware your questions, comments and/or product reviews (from Sunware products or products of other brands), in writing or by e-mail, you give irrevocable consent to use, display, reproduce, publish, broadcast, modify, adapt, distribute, translate, and pass this on (as a whole or a part of it) and/or to include it as part of other work, free of charge, at any time, without exception, worldwide, in any form, through any medium or technology now known or developed afterwards, and that for the entire term of any existing copyright on the material. In addition, in guarantee that, by sending material to Sunware, you are entitled to and are allowed to grant and to transfer such rights and that the material you send does not violate rights of any third party, including, but not limited to, copyright, trademark or any other intellectual property right or any right to protection of privacy.
ARTICLE 29 – Use of passwords
The use of any password protected part of the site, is reserved exclusively to the person who has permission and a password to log in on such a part of the site (the “Authorized Party”). The password is non-transferable and the Authorized Party is responsible for any damage of any nature whatsoever that could result in damage suffered by Sunware as a result of the (intentionally or unintentionally) distribution or sharing of his or her password.
ARTICLE 30 – Changes
Sunware has the right to at any time (1) modify these terms and conditions, (2) change the site, including the removal or termination of any content or any aspect of the site, adjusting the hours that the site is available, limiting how often this may be used, and (3) to change (subscription) costs for the use of this site, including the establishment of new or additional fees for the use of the site or related services or aspects. These terms and conditions may be changed at any time by Sunware by publishing the amended terms on the site. Continued use of the site after we have published these changes, means that you agree with these changes.
ARTICLE 31 – Miscellaneous
Dutch law is applicable to these terms and conditions and all agreements to which these terms and conditions apply and you agree with and explicitly express your choice of the applicability of Dutch law. Each party to a contract to which these general terms and conditions apply, agree that any disputes arising out of or relating to such an agreement, and that are not solved after any involvement of the Geschillencommissie as stated in article 15, shall only be settled by the District Court of Amsterdam and irrevocably promises not to dispute the jurisdiction or object to this Court. If any (stipulation of such) agreement must be enforced, the correct party shall be entitled to a reimbursement of the costs of a trial and reasonable costs for legal assistance. If any provision of these terms and conditions should be rendered void or unenforceable by a court or other competent authority, such a provision shall expire or be limited but only to the extent that it is necessary and in such a way that the other provisions of the agreement shall remain enforceable. Prior or contemporaneous written or oral agreements that may possibly be in place, lapse if an agreement is entered into to which these general terms and conditions apply; in that case only these conditions apply. A single statement of waiver of rights by any party in respect of rights or claims based on breach or failure by the other party cannot be considered as waiver of rights in respect of any earlier or later or subsequent breach or default. Each title, paragraph title or each heading in these conditions are there solely for the sake of clarity and is in no way an explanation or definition of a paragraph, text, or condition that is described therein.